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사이버세상의 새로운 규범체계 정립방안 연구
제목 사이버세상의 새로운 규범체계 정립방안 연구
저자 이원태 ·김태오· 이시직· 정필운· 심우민· 이상경· 권헌영· 오태원 조회 13744
게재지 정책연구 권호 정책연구 14-42
언어 KOR 페이지 1-191 (총 191 pages)
PDF pdf열기사이버세상의 새로운 규범체계 정립방안 연구 발행일 2014.11.30
분류정보 미래전략 > 미래사회ㆍ문화
미래전략 > 정보화
미래전략 > 인터넷
IT산업 > IT산업ㆍ시장
공정경쟁 > 경쟁ㆍ규제
공정경쟁 > 이용자보호
사물인터넷(IoT), 클라우드컴퓨팅 등 ICT 고도화로 인해 기존의 전통적인 물리적인 영토에서 사이버영토로 인류의 주 활동무대가 이동함에 따라 사이버공간을 선점하기 위한 국가 간의 경쟁이 한층 더 치열해지고 있다. 또한 사이버공간을 둘러싼 국가 간 경쟁은 단순히 하드웨어, 소프트웨어 등 기술력 차원의 경쟁뿐만 아니라 사이버규범을 누가 주도하는가의 문제로까지 확장되었는바, 즉 사이버공간에서 이용자들의 권리보호, 사이버보안(안보)와 같은 핵심 가치를 담은 규범체계를 제대로 정립하는 것이 국가경쟁력의 중요한 원천으로 급부상하고 있는 셈이다.
최근 미국 정보 당국이 미국 글로벌 인터넷 기업(구글, 애플, 페이스북 등)의 중앙 서버에 접속해 무차별적으로 정보를 수집해 온 사실을 전 CIA 요원이었던 스노든이 폭로하면서 국제사회가 충격에 빠졌고, 국내에서도 인터넷 서비스 기업들의 고객 개인정보유출 사건 그리고 이른바 ‘카카오톡 감청’ 사태로 인해 수많은 인터넷 이용자들이 독일에 서버를둔 ‘텔레그램’으로 망명하는 등 사이버공간의 현실화에 따른 수많은 부작용이 발생하고 있다. 이에 우리나라는 국제전기통신연합(ITU) 정보통신기술 발전지수 1위, UN 전자정부 평가에서 3회 연속 1위를 하는 등 자타공인 ICT강국으로서 군림하고 있으나, 최근에 와서는 사이버공간의 질서를 새롭게 규율할 기본원리 및 규범체계 정립의 필요성도 크게 대두되었다.
본 연구는 사이버규범 정립의 이론적․철학적 논의를 시작으로 사이버공간을 규범화하기 위한 각 국 및 국제적 차원의 법률제정과 정책의 동향을 살펴보았고, 국내에 제정되어 있는 사이버관련 규범 체계를 정리 및 분석하여 그 문제점을 도출하였으며, 이러한 현실 진단에 근거하여 사이버공간 규범 정립의 방향을 제시하였다. 구체적으로 기본법, 헌장, 권리장전 등 다양한 법 형식의 장․단점을 분석하여 사이버공간을 규율할 가장 적합한 규범형식을 도출하고, 사이버공간을 규율하기 위해서 반드시 고려해야할 기본원칙을 제시하였다. 또한 국내․외 사이버관련 규범들의 분석을 통해 새로운 규범을 형성할 구성요소들을 도출하였고, 이를 바탕으로 다양한 사이버규범 모델을 제시하였다. 마지막으로 우리나라에 가장 적합한 사이버규범의 모델을 제안하여 이는 ICT 강국으로서 향후 사이버공간을 규율할 규범체계를 정립하는데 중요한 기초자료로 활용하고자 하였다.
요약문 ·····························································································································Ⅶ
제1장 서 론 ·····················································································································1
제1절 연구의 배경 및 목적 ······················································································· 1
제2절 연구의 추진체계 및 주요 내용········································································· 3
1. 연구의 추진체계····································································································· 4
2. 주요 연구내용········································································································ 5
3. 본 연구의 특징 및 기대효과·················································································· 5
제2장 사이버규범의 개념화 및 법이론적 논의 ······························································8
제1절 정보기술의 발전과 사이버규범의 개념화 필요성············································· 8
1. 정보기술의 발전과 규범현실의 변화······································································ 8
2. 최근의 정보기술의 발전과 규범현실의 변화························································ 11
3. 정보기술의 발전에 따른 사이버공간 규율의 대응 ············································· 16
제2절 사이버규범 정립에 관한 법이론적 논의와 그 시사점 ··································· 17
1. 사이버규범의 독자성에 관한 견해의 대립··························································· 17
2. 규율규범의 변화··································································································· 25
제3절 특정한 영역의 사이버규범 필요성 판단 및 입법 원칙 ································· 33
1. 규범적 코드에 의한 규율의 가능 여부 판단과 가능성의 윤곽 탐색 ················· 33
2. 규범적 코드에 의한 규율에서 입법의 원칙 ························································ 36
제4절 소결 및 정책적 시사점···················································································· 47
제3장 사이버공간의 규범화 관련 국제적 동향 ·····························································51
제1절 국제기구에서의 사이버규범 관련 동향··························································· 53
1. UN(국제연합) ······································································································· 54
2. ITU (국제통신연합) ······························································································ 59
3. OECD(경제협력개발기구) ····················································································· 60
4. IGF(인터넷거버넌스포럼) ····················································································· 61
제2절 개별국가 수준에서의 사이버규범 관련 동향···················································· 65
1. 미국······················································································································ 65
2. EU(유럽연합) ········································································································ 67
3. 영국······················································································································ 70
4. 독일······················································································································ 71
5. 일본······················································································································ 71
6. 브라질··················································································································· 72
7. 캐나다··················································································································· 73
제3절 소결 및 정책적 시사점····················································································· 73
제4장 ICT 법률에 나타난 사이버공간 규범 현황 및 문제점 ·······································75
제1절 현행 국내 사이버공간 법규범의 문제상황························································ 75
1. 연혁분석: 한국사회 사이버 법규범의 역사적 흐름·············································· 75
2. 체계분석: 한국사회 사이버공간 법규범의 체계··················································· 80
제2절 사이버공간 범규범의 특성 변화에 관한 분석·················································· 85
1. 사이버공간과 규제································································································ 85
2. 법규범 차원의 규제유형 검토·············································································· 86
3. 사이버공간의 아키텍처························································································· 96
4. 사이버공간 법규범의 특성·················································································· 105
제3절 현행 사이버공간 법규범의 체계상 문제점: 입법학적 분석···························· 109
1. 사이버공간 법규범 체계성의 의의······································································ 109
2. 현행 사이버공간 규범의 체계 외적 정합성························································ 109
3. 현행 사이버공간 규범의 체계 내적 정합성························································ 113
4. 입법기술론적 검토······························································································ 114
제4절 사이버공간 법규범 체계 개선의 방향성························································· 116
1. 문제 발생의 지점································································································ 116
2. 사이버공간 규범 형성의 방향············································································· 117
제5절 소결 및 정책적 시사점···················································································· 119
제5장 사이버공간 규범 정립의 방향 및 과제 ······························································121
제1절 사이버공간 규범의 의미·················································································· 121
제2절 사이버공간을 규율하는 규범체계의 필요성 ················································· 123
1. 사이버공간에 대한 규범질서 ············································································· 123
2. 사이버공간의 특성 및 인터넷 거버넌스의 원칙················································· 124
3. 사이버공간 규범체계의 필요성 ········································································· 130
제3절 사이버공간을 규율하는 다양한 규범····························································· 131
1. 규범의 종류 ······································································································· 131
2. 사이버공간에서 비효율적 사회규범의 문제························································ 132
3. 법규범에 의한 사이버 사회규범의 조정····························································· 134
제4절 사이버공간 규범의 형식················································································ 136
1. 사이버헌법 모델·································································································· 137
2. 인터넷 권리장전 모델························································································· 138
3. 사이버헌장 모델·································································································· 147
4. 사이버기본법 모델······························································································ 149
제5절 사이버공간 규범의 내용 ················································································ 150
1. 사이버공간 규범의 기본원칙·············································································· 150
2. 사이버공간 규범의 구체적 내용········································································· 153
제6절 소결 및 정책적 시사점: 우리나라에 적합한 사이버공간 규범 모델 ··········· 159
제6장 결론 및 향후 연구과제 ·····················································································162
제1절 연구요약 및 종합···························································································· 162
제2절 결론적 제안: 정보주권시대의 사이버공간 규범 연구방향······························ 165
참 고 문 헌 ···················································································································168
1. 국내문헌·············································································································· 168
2. 국외문헌·············································································································· 171
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